Unenforceability & Template Letters II

Dear Sirs,

Account No: XXXXXXXX

Having recently requested a copy of the alleged original Credit Agreement (CCA), in line with the Consumer Credit Act 1974 (s.77-s.79), I was dismayed to receive what can only be described as a fraudulent document.

My reasons for this claim are set out below:

• This form was never signed by myself, the signature in question was used at a later date and I can only assume you have copied it from a newer account I had with you or from my change of address letter;
• The handwriting is not my own. If you look at the dates, it clearly shows the same handwriting on the date (9.6.95) under my alleged signature and the company representative signature boxes. i.e. it is the same handwriting meaning it could not have been signed or dated by myself;
• The employment details are incorrect. The employer at the time of alleged signature was not that as quoted on your alleged agreement;
• Spouse salary is shown but at the time of alleged signature he was not employed at all;
• Credit limit was £1000 at the time of account opening but the agreement received shows this overwritten to show £2000 which is incorrect;
• There is a tick in the CreditCard protection box, I never waste money on such things and have, nor would ever agree to a product with such facilities linked as free or otherwise;
• I initial any mistake as standard, the mistakes/amendments on the alleged agreement do not bear my initials and therefore I am 100% certain this form was never completed by myself.

With regard to the links on your letter, may I suggest you concentrate on your own area of expertese and consider reading up on things that affect your immediate business and not worry so much about idle gossip and assumptions (which you are way off the mark with). I wouldn't touch a claim company if they were free - I am more than educated enough to prove that HBOS have sent me what can only be described as a fraudulent document, in its entriety. Kindly take a look at the following article which may shed some light on what the law considers a 'True Copy' and what the law considers 'Fraud' - http://news.bbc.co.uk/1/hi/business/8393768.stm

I quote, from this article:

The OFT goes on to advise that lenders would be acting unfairly, and potentially in breach of their consumer credit licenses, if they misled borrowers by:

• hiding or disguising the fact that there was never a proper signed agreement in the first place
• providing only a copy of the current terms and conditions, not the original ones

Additionally, you quote 'The copy of the agreement enclosed with this letter complies with the regulations of the Consumer Credit (Cancellation Notices and Copies of Documents) Regulations 1983 (the regulations)'.

You go on to say that you are not required to send a copy with your clients signature on it, who is your client that you refer to? I wrote to you and therefore I am the client so why would you address a response to me citing me as a client in that context? Yet again an obvious misuse of cut-and-paste tactics I see?

Finally, you mention that by providing the documents attached to this letter, you have satisfied your obligation under s.78 (CCA1974 I assume?). Can I just check, as i'm slightly confused, where within s.78 of the CCA(1974) does it mention that you can fabricate a totally fraudulent document and purport it to be a copy of an original? If you'd please be so kind as to point me in the right direction...

I think you can see where I am going with this? I therefore think it is best we start again and ignore your letter as the junk it is. Please do not waste my time any longer by sending me junk; if you want to play silly beggars be my guest and i'll see you in court (with the press in tow).

So, as you have failed to comply with my lawful request for a true, signed copy of the agreement and other relevant documents mentioned in it, failed to send a full statement of the account and failed to provide any of the documentation requested but instead sent a forgery, any legal action you pursue will be averred as both unlawful & vexatious. Furthermore I shall counterclaim that any such action constitutes unlawful harassment and pursue legal action for the attempted fraud.

You may also consider this letter as a statutory notice under s.10 of the Data Protection Act (1998) to cease processing any data in relation to this account with immediate effect. This means you must remove all information regarding this account from your own internal records and from my records with any credit reference agencies.

Any attempted argument regarding case law such as McGuffick v RBS will be dismissed as this particular case has no bearing on the legal reporting methods that a lender has with the CRA, namely adding derogatory data whilst an account is in dispute, this account clearly is disputed.

As a result of everything put together in this letter, I do feel it would be in your best interests to consider this matter closed and write off the balance as a business loss. The last thing you need right now is bad publicity and a legal loss, by presenting a forged document that we both know does not and will never satisfy clear guidelines set out in s.127(3) CCA(1974).

Should you refuse to comply, you must within 30 days provide me with a detailed breakdown of your reasoning behind continuing to process my data and your reasoning as to why you issued a forged document under the pretence it was a copy of the original. It is not sufficient to simply state that you have a ‘legal right’; You must outline your reasoning in this matter and state upon which legislation this reasoning depends. Should you not respond within 30 days I expect that this means you agree to remove all such data.

Need I remind you that a creditor is not permitted to take ANY action against an account whilst it remains in dispute? The lack of a credit agreement is a very clear dispute and as such the following applies.

* You may not demand any payment on the account, nor am I obliged to offer any payment to you.
* You may not add further interest or any charges to the account.
* You may not pass the account to a third party.
* You may not register any information in respect of the account with any credit reference agency.
* You may not issue a default notice related to the account.

I reserve the right to report your actions to any such regulatory authorities as I see fit. You have 30 days from receiving this letter to contact me with your intentions to resolve this matter which is now a formal complaint. I therefore request a copy of your official complaints procedure which you are obliged to supply.

Your silly comment regarding your final response was ignored, a disputed account does not obtain a final response until both sides have counter argued and come to a dead-end which this case, certainly is not. In light of this and the above letter, I would appreciate your due diligence in this matter and look forward to hearing from you, in writing within 30 days.

Yours faithfully

Sign digitally